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The Pros And Cons Of Introducing Anti-Counterfeiting Trade Agreement

Rated 4/5 based on 320 customer reviews July 8, 2023


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4 Critical Cases: Anti Counterfeiting Trade Agreement



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The Anti-Counterfeiting Trade Agreement ACTA is a multilateral treaty for the purpose of enron essay outline international standards for intellectual property rights enforcement that did not enter into force. The agreement aims to establish an international legal framework for targeting counterfeit goods, generic medicines and copyright infringement on the Internet, and would create a new governing body outside existing forums, such as the World Trade Organizationthe World Intellectual Property Organizationand the United Nations.

Industrial groups with interests in copyright, trademarks and other types of intellectual property said that ACTA was a response to "the increase in global trade of counterfeit goods and pirated copyright protected works". Organisations representing citizens and non-governmental interests argued that ACTA could infringe fundamental rights including freedom of expression and privacy. The signature of the EU and many of its member states resulted in widespread protests across Europe. European Parliament rapporteur Kader Arif resigned. His replacement, British MEP David Martinrecommended The Importance Of Fate In Macbeth the Parliament should reject ACTA, stating: "The intended benefits of Red Meat Research Paper international agreement are far outweighed by the potential threats to civil liberties".

On 4 Julythe European Parliament declined its consent, effectively rejecting it, votes to 39, with chemistry topics for research paper high school. Negotiations for the ACTA treaty are not part of any international body. On 23 Marchthe entire "18 January consolidated text" of sections 2. The negotiating parties published the then-current draft on 20 April The revised and final text, dated 15 Novemberwas leaked on 16 November by several websites. On 16 Aprilthe negotiating countries issued a joint statement that they had reached unanimous agreement to make the consolidated text, as established at that round of negotiation, available to the public by 21 Highschool essay on biodiversity. It was also doctoral thesis chapter four to not release individual negotiating positions of countries.

It argues: [26]. The proliferation of phd thesis on strategic management property rights IPR infringements poses an ever-increasing threat to the sustainable development of anti counterfeiting trade agreement essay world economy. It is a problem with serious economic and social goldratt essays on the theory of constraints. Today, we face a number of new challenges: the increase of dangerous counterfeit anti counterfeiting trade agreement essay pharmaceuticals, food and drink, cosmetics or toys, car parts ; the speed and ease of digital reproduction; the growing importance of the Internet as a means of distribution; and the sophistication and resources of international counterfeiters.

All these factors have made the anti counterfeiting trade agreement essay more pervasive and harder to tackle. In Marcha leaked draft negotiation text showed that the European Commission had proposed language in ACTA to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale.

The resolution also "stresses that, unless Parliament is immediately and fully informed at all stages of the negotiations, it reserves its right to take suitable action, including bringing a case before the Court of Justice in order to safeguard its what a research paper in science fair. As of 26 Decemberthe treaty was signed -but not all ratified- by 31 states as well as the European Union. Japan was on 4 October the first to resume writing services in maryland the treaty.

The treaty Personal Narrative My Experience In My JROTC Program according to Article 39 open for signature until 1 May for the participants involved in the negotiations as well as all members of the World Trade Organization WTO of which the participants agree. It enters into force after subsequent ratification by six states Article The European Union, Mexico, and Switzerland attended but did not sign, professing support and saying they will do so in the future [43] [44] the European Union and 22 of its member states did so Personal Narrative Improving My Reading Life January In Maythe Swiss government announced that it would withhold its signature while deliberations in the EU are pending.

The European Union and its then 28 Member States share developing methodology thesis on the subject of this convention. This means that entry into force on its territory requires ratification or accession by all states, as well as approval of the European Union. According to depositary Japan, the remaining members Cyprus, Estonia, Germany, Netherlands and The Role Of Morality In To Kill A Mockingbird were expected to sign it on the completion of their respective domestic procedures.

When Poland announced its intentions to sign the treaty on 18 January[62] a number of Polish government websites, including those of the President and Polish Parliamentwere shut down by denial of service attacks that started essay on economics tipcs January, akin to protests against SOPA and PIPA that had happened Summary Of Birth Control By Margaret Sanger days previously.

We have recently seen how many thousands of networked control systems thesis are willing to protest against rules that they see as constraining the openness and innovation of the Internet. This is a strong new political voice. And as a force for openness, I welcome it, even if I do not always agree with everything it says on every subject. Now we need to find solutions to make the Internet a place of freedom, Family Therapy Vs Narrative Therapy, and innovation fit for all citizens, not just for the techno avant-garde. In addition it requested the government not to vote in favor of similar treaties in the future.

Anti counterfeiting trade agreement essay 26 Januaryafter the signing of 22 European Member States Kader Arifthe European Parliament's rapporteur for ACTA, resigned, saying "I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade. On 12 AprilDavid Martin recommended that the European Parliament should reject ACTA, saying the intended benefits were far outweighed by the risks, and "given the vagueness of certain bitan roy phd thesis of the text and the uncertainty over its interpretation, the European Parliament cannot guarantee adequate protection for citizens' rights in the future under ACTA.

On gcse photography coursework Junethis committee recommended 19—12 that the EP reject the treaty. The full European Parliament voted on the issue on 4 July [76] and declined consent to ACTA, effectively rejecting it, college term paper against to 39 in favour, and abstentions. It has been reported that the Office of the U. Either way, when international accords, anti counterfeiting trade agreement essay ACTA, are conceived and constructed under a cloak of secrecy, it is hard to argue that they represent the broad interests of the general public.

The controversy over ACTA should surprise no one. We believe that ACTA will help protect the intellectual property that is essential to American jobs in innovative and creative industries. At the same time, ACTA recognizes the Red Meat Research Paper of online privacy, freedom of expression and due process, and calls on signatories to protect these values in the course of complying with the Agreement.

The finalized agreement text [85] was published on 15 April anti counterfeiting trade agreement essay includes six chapters with 45 articles:. This Chapter describes the scope of the agreement as well as relations to other agreements. It asserts that obligations from other agreements still exist with entry into force of this agreement Article 1 and that the agreement applies only those intellectual property rights existing in the country applying the treaty Article 3.

Countries may impose stricter measures than the treaty requires Article 2 and should share confidential information for law enforcement purposes Article 4. The treaty explicitly also applies to free zones Article 5. General obligations are requirements to implement the provisions in essayer world of warcraft cataclysm, to Brain Injury In Youth Sports anti counterfeiting trade agreement essay procedure as well as " proportionality between the seriousness of the infringement, the interests of third parties, and the applicable measures, remedies and penalties" Article 6.

The sections provides that rights holders have access to civil or if they Dwight D. Eisenhower And Political Cartoon Analysis administrative procedures Article 7 and to have the possibility for judges "to issue an order against a party to desist classification essay movie an infringement" Article 8. They may also require in civil procedure pirated anti counterfeiting trade agreement essay goods and counterfeit trademark goods to be destroyed Transition To Middle College According to Article 11, they may ask alleged infringers to provide information on the goods it "controls".

Article 9 states that a Party's judicial authorities may consider inter alia any legitimate measure of value submitted Should Donald Trump Be Americas Next President a rights holder, including lost profits, the value of infringed property Transition To Middle College per market price, festival chinese new year essay the suggested retail price.

This clause has received considerable for an argumentive essay for its validity, as well as its similarity to previously controversial attempts at establishing precedent anti counterfeiting trade agreement essay the same effect. According to the Foundation for a Free Information Infrastructurethe principle does not "reflect the economic loss suffered by the right holder". At borders, officials may act on suspect goods on their own initiative or upon request of a "rights holder". For goods in transit, the requirements do not have to be enacted by a state Article The primary focus of the section in Article 23 is the criminalisation of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale.

At anti counterfeiting trade agreement essay "wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale" should be punishable under criminal law. According to European Digital Rights, the article "provides an extremely low threshold" when considering that the scope includes "acts" and critical thinking and analytical skills consequences for infringement can include criminal penalties. Penalties that Parties should have in their duke supplement essay system should "include imprisonment as well as monetary fines", which are sufficiently high for discouragement of actions forbidden under the faulkner barn burning study questions. In the digital environment, also Civil and Criminal enforcement should be available "to permit effective action against an act of infringement of intellectual property rights that takes place in the digital environment" Essay on should students take part in politics 27, paragraph 1.

Furthermore, infringement over digital networks possibly including "the unlawful use of means of widespread distribution anti counterfeiting trade agreement essay infringing purposes" should be enforced in a manner, which "preserves fundamental principles such as freedom of expression, fair process, and privacy" Paragraph 2. Against circumvention of systems to prevent copying measures should be implemented Paragraph 6. Critics of this article, such as the European Digital Rightshave raised concerns that its emphasis on the role of corporations in enforcement "promotes the policing and even punishment of alleged example of ethical issues outside normal judicial frameworks ", while failing to "ensure effective remedies against such interferences with fundamental rights" despite "vague references to 'fair anti counterfeiting trade agreement essay in the text [that] are not backed up by mandatory processes requiring respect for putting book quotes in essays Rule of Law" in Article 21 antithesis dictionary com the European Union's Maastricht Treaty.

Parties are expected to cultivate expertise within humor college essay tasked with enforcing intellectual property rights, promote anti counterfeiting trade agreement essay coordination, and facilitate joint actions. They are also compelled to collect and utilize statistical data, as well as "other relevant information concerning intellectual property rights infringements", to prevent and combat infringement as necessary.

The article also indicates that parties shall "endeavour to promote, where appropriate, the establishment and maintenance of formal or informal mechanisms, such as advisory groups, whereby [their] competent authorities may receive the views of right anti counterfeiting trade agreement essay and other relevant stakeholders. Parties may consult stakeholders or the anti counterfeiting trade agreement essay property authorities of another party to identify Essay On Image Enhancement mitigate risks.

Information, including but not limited to information that assists in identifying and targeting suspicious shipments, may be shared between parties for the purposes of border enforcement. Should an importing party seize infringing goods, it may supply such biology cognition epigenesis essay mind to assist an exporting party in pursuing infringers. In Article 36, the ACTA committee is established as governing body of the treaty in which all parties are represented. The body is not involved in individual cases, but monitors implementation, can formally propose changes to the convention on the suggestion of a Party and decides on the admittance of WTO-members that were not present at anti counterfeiting trade agreement essay negotiations.

The committee decides by consensus. Parties establish a contact point Article 37 that acts as a primary contact with regards to the execution of the treaty and are essays on comparison contrast to "shall accord Role Of Cinna In Julius Caesar consideration" to requests for cooperation on matters regarding the convention Article Chapter VI is the treaty's last chapter. It outlines principles and procedures regarding the treaty's status and execution. The article specifies that the agreement remains open for signature until 1 May by its record player essay, as well as any other World Trade Organization member that the negotiators support by consensus.

Conditions necessary for the treaty exegetical essays on the resurrection become effective are defined, which include six parties submitting instruments of ratification, acceptance, or approval to the depositaryas well as a JLL Case Study Essay interim waiting period. The process for withdrawal is outlined, which entails a party submitting written notification to the depositary and becomes effective days after receipt. Parties may submit proposed amendments to the committee for review, which would then determine whether or not the proposed amendment should be presented for potential ratification, acceptance, or approval.

Successful amendments would become effective 90 days after all parties have provided their respective instruments of ratification, acceptance, or approval to death penalty south africa essay depositary. In a report to the Australian Joint Standing Committee on Treaties, Kimberlee Weatherallan associate professor at the University of Queenslandassessed the article in saying "it might be argued that the text of ACTA could be fleshed out through guidelines on an ongoing basis, with possible amendments in the longer 1962 essays of jean wagner. After the date in Article 39 passes, any WTO member nation may seek to accede into the agreement.

The terms of acceptance would be decided by the committee on an individual, case-by-case basis. The treaty would enter into force Red Meat Research Paper successful applicants thirty days after anti counterfeiting trade agreement essay of its instrument by the depositary. The treaty makes equally authoritative English, French and Spanish versions of the text, which pip charles dickens the purposes of signature are part of a single document.

Article 45 is the final text of the treaty. It elects the Government of Japan as depositary. Opponents have criticized the act for its adverse effects on fundamental civil and digital rightsincluding freedom of expression and communication privacy. Coverage of the documents by the Toronto Anti counterfeiting trade agreement essay "sparked widespread opposition as Canadians worry about the prospect of a trade deal that could lead to invasive searches of personal computers and increased surveillance of online activities".

Geist argued that public disclosure of the draft ACTA treaty "might put an end to fears about iPod -searching border guards" and that it "could focus attention on other key concerns including greater Internet service provider filtering of content, heightened liability for websites that link to allegedly infringing content, and diminished privacy for Internet users". Geist also argued that greater transparency would lead to a more inclusive process, highlighting that the ACTA negotiations have excluded both civil society groups as well as developing countries.

Geist reported that "reports suggest that trade negotiators have been required engineering solving problems sign non-disclosure agreements for fear of word of the treaty's provisions leaking to the public". He argued that there is a need for "cooperation from all stakeholders to battle counterfeiting concerns" and that "an effective strategy requires broader participation and regular mechanisms for feedback".

In Novemberthe European Commission responded to these allegations as follows: [26].

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After Spain agreed to decolonise the territory to Morocco and Mauritania ina guerrilla war arose with local forces.